Gurwinder Singh Vs Satnam Singh — Cheque Dishonour | Punjab & Haryana HC (2026)

Gurwinder Singh Vs Satnam Singh — Cheque Dishonour | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

No adjudicative relief on merits; appeal disposed of with directions: Sessions Judge to treat it as filed under Section 372 Cr.P.C. and assign to the concerned Court for decision; Registry to send the complete paper-book and trial Court record along with the said order and inform the parties.

Issue for consideration

Whether the present appeal against the acquittal in the Section 138 NI Act complaint is entertainable as an appeal under the proviso to Section 372 Cr.P.C. (corresponding Section 413 BNSS, 2023), with the complainant treated as a 'victim', in light of the Supreme Court's holding in Celestium Financial, and how the appeal should consequently be disposed of.

Court's answer

In view of the Supreme Court's holding in M/s Celestium Financial (that an appeal against an acquittal in a Section 138 NI Act complaint is maintainable under the proviso to Section 372 Cr.P.C., corresponding Section 413 BNSS 2023, treating the complainant as a 'victim'), THIS court disposed of the present appeal by directing the concerned Sessions Judge to treat it as having been filed under Section 372 of Cr.P.C. and to assign it to the Court concerned for decision.

Detailed headnote1 paragraphs

Punjab & Haryana High Court at Chandigarh (Aman Chaudhary, J., oral), CRA-AS-105-2023 (O&M), decided 23.02.2026 — Gurwinder Singh (appellant) v. Satnam Singh (respondent); Mr. Nitin Sharma, Advocate for the appellant. The appeal lay against a judgment of acquittal dated 18.11.2019 passed by the learned Judicial Magistrate 1st Class, Gurdaspur in a complaint under Section 138 of the Negotiable Instruments Act, 1881. Relying on Hon'ble the Supreme Court's decision in M/s Celestium Financial vs. A. Gnanasekaran Etc., 2025 SCC OnLine 1320 — holding an appeal maintainable under the proviso of Section 372 Cr.P.C. (corresponding Section 413 of BNSS, 2023) against an acquittal in a Section 138 NI Act complaint, the complainant being a 'victim' under Section 2 (wa) Cr.P.C — the court disposed of the appeal, directing the concerned Sessions Judge to treat it as filed under Section 372 of Cr.P.C. and assign it to the Court concerned for decision; the Registry was directed to send the paper-book and trial Court record forthwith and inform the parties. No merits adjudication; no monetary quantum involved.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

148

CRA-AS-105-2023 (O&M)

Date of decision: 23.02.2026

Gurwinder Singh

....appellant

Versus

Satnam Singh

...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present : Mr. Nitin Sharma, Advocate for the appellant

AMAN CHAUDHARY, J. (ORAL)

The present appeal has been preferred against the judgment of acquittal dated 18.11.2019 passed by the learned Judicial Magistrate 1 st Class, Gurdaspur in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’).

2 . Hon’ble the Supreme Court in M/s Celestium Financial vs. A. Gnanasekaran Etc. , 2025 SCC OnLine 1320, held that an appeal is maintainable under the proviso of Section 372 Cr.P.C. (corresponding Section 413 of BNSS, 2023) against an order of acquittal passed in a complaint under Section 138 NI Act, by treating the complainant therein, as a ‘victim’ within the meaning under Section 2 (wa) of Cr.P.C, in view of which, the present appeal is disposed of by directing the concerned Sessions Judge, for treating it to have been filed under Section 372 of Cr.P.C. and assigning the same to the Court concerned for deciding it.

Registry is directed to send the complete paper-book and trial Court record, if received, along with the said order forthwith , while also informing the parties.

23.02.2026	(AM	AN CHAUDHARY)
M.Kamra		JUDGE
Whether speaking/reasoned	: Yes /	No
Whether reportable	: Yes /	No

MOHIT 2026.02.23 17:25 I attest to the accuracy and integrity of this document